Frank Boston v. A. Padula

Filing 920080428


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7739 FRANK BOSTON, Plaintiff - Appellant, v. WARDEN A. J. PADULA, Lee Correctional Institution; MS. LIVINGSTON, Law Librarian at Lee Correctional Institution, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Patrick Michael Duffy, District Judge. (9:07-cv-00950-PMD) Submitted: April 24, 2008 Decided: April 28, 2008 Before KING and SHEDD, Circuit Judges, and WILKINS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Frank Boston, Appellant Pro Se. John Betts McCutcheon, Jr., Lisa Arlene Thomas, MCCUTCHEON, MCCUTCHEON & BAXTER, PA, Conway, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Frank Boston appeals the district court's order denying relief on his 42 U.S.C. 1983 (2000) action and a subsequent order denying his motion to alter or amend judgment. We have reviewed the record and the district court's opinion declining to accept the magistrate judge's recommendation and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Boston v. Padula, No. 9:07-cv-00950-PMD (D.S.C. Oct. 10 & We dispense with oral argument because the facts Nov. 1, 2007). and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED - 2 -

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